Appeal T-4580; 2430 8th Street. Both the landlord and the tenant appeal the hearing examiner's decision. The landlord contends that the Costa-Hawkins Rental Housing Act (Costa-Hawkins) allowed him to set the tenant's rent up to 15% more than the Section 8 rent set by the Berkeley Housing Authority (BHA) for the preceding tenancy. The tenant claims she is entitled to recover more than three years of rent overcharges because the landlord prevented her from filing a more timely petition. A review of the record establishes that the hearing examiner's decision complies with the law and is supported by substantial evidence. For this reason, staff recommends that the decision be affirmed.